Bartlesville, OK asked in Domestic Violence and Criminal Law for Oklahoma

Q: If convicted of domestic assault and battery misdemeanor, can you live in a home with a firearm?

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: Bartlesville, Oklahoma has strict laws regarding domestic violence convictions and firearm possession. Specifically, under Oklahoma law, it is illegal for someone convicted of even a misdemeanor domestic assault and battery charge to possess a firearm.

The law prohibits anyone convicted of a misdemeanor crime of domestic violence from living in a home with a firearm. This applies even if the firearm belongs to someone else in the household. Essentially, the convicted domestic abuser cannot have access to or control over any firearm in the shared residence. The prohibition on firearm possession applies for life after the conviction.

There are only two ways someone convicted of misdemeanor domestic assault and battery can legally live in a home with guns again - they must either get the conviction expunged or receive a pardon that specifically restores their right to possess firearms. Barring those actions, it is a felony under both state and federal law for a domestic violence misdemeanant to possess firearms or reside where they are present. The penalties for violating this prohibition can include fines and years in prison.

In summary, if convicted of domestic assault and battery in Oklahoma, even if a misdemeanor, you cannot legally live in or enter a home with a firearm unless the conviction is formally removed from your record. Doing so risks felony charges and imprisonment.

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